California Homeschool Legal Challenge

Governor Files Amicus Curiae Brief with 2nd Appeals Court

Governor Files Amicus Curiae Brief Supporting the
Right of California's Parents to Teach Their Children At Home

Governor Arnold Schwarzenegger, in conjunction with the Attorney General of the
State of California, today filed the attached amicus curiae brief, supporting the
rights of California parents to teach their children at home.

"The Governor's brief supports the right of California parents to teach
their children at home," stated Press Secretary Aaron McLear. "It
explains how the California Education Code already provides for home-schooling
and urges the Court to recognize and affirm this important right."

In the Governors brief he states in part:

The Legislature - no doubt in response to and in recognition of the evolution of
successful home-schooling programs in California and the growing number of Californians
who have successfully home-schooled their children - repeatedly has taken steps to
broaden the potential avenues for legal home schooling.

For example, the State enacted a statute in 1986 explicitly recognizing home-schooling
by clarifying that parents who educate their own children (but not others) are exempt from
the criminal background check requirements otherwise applicable to all non-credentialed
private school teachers. (§ 44237, subd. (b)(4).)

The State enacted statutes in 1987 and 1989, respectively, broadening the powers
of school districts and county boards of education to permit home-schooling through
independent study programs. (§§ 35160.1, 51745.) Similarly, the State
enacted statutes in 1998 expressly recognizing that a private school can consist of
a single "person." (§§ 33192, subd. (i); and 33193, subd. (d)(1).)